Inhabitants Of Panchayat Changa (B) vs Ut Of Jammu And Kashmir And Ors

1 This is a petition by Ghulam Mustafa Batt in representative capacity seeking, inter alia, a direction to the respondents not to allow respondent No.8 to establish and operate his Hot Mix Plant/Stone Crusher at Dudwar on the ground that the same is being run in violation of law and without there being any clearance from the J&K Pollution Control Board (for short 'the Board').

2 In the reply filed by respondent no.8, the stand taken is that the writ petition is motivated and the resolution dated 26.07.2020 appended with the writ petition is forged by the petitioner to claim a representative character. It is submitted that respondent No.8 is a 'A' Class Contractor and leading partner of M/S Wali Construction Works and that he has been granted various works under PMGSY for the construction and maintenance of roads in Sub-Division Gandoh, Bhallessa. It is further submitted that in terms of Rule 22 of SRO 302, respondent No.8 is entitled to temporary permission on fulfilling the provisions of J&K Minor Mineral (Concession, Storage, Transportation of Mineral and Prevention of illegal Mining Rules ) 2016. It is submitted that the petitioner has obtained requisite NOCs from all the Departments and his case for grant of consent/NOC from the Board is in progress and, therefore, he is entitled to run his Hot Mix Plant. The Board has not filed any objections. However, the stand of the Board is already on record in the shape of a communication by Regional Director PCB Jammu addressed to respondent No.8 directing him to stop the operation of the Unit with immediate effect and to show cause within 15 days as to why legal action including closure of the Unit should not be taken against him.

3 Having heard learned counsel for the parties and perused the record, it is the admitted case of both the parties that no Hot Mix Plant/Mini Stone Crusher can be installed by anybody without having consent to establish and operate from the Board. It may be true that the case of respondent No.8 for grant of consent to establish and operate Hot Mix Plant is pending before the Board, but until a decision on such request of respondent No.8 is taken in accordance with law, respondent No.8 cannot be permitted to establish or operate his Unit i.e Hot Mix Plant/Mini Stone Crusher. As a matter of fact, it is the own case of respondent No.8 that he has already approached the Board for requisite permission.

4 In view of the aforesaid admitted position and without entering into the question of locus of the petitioner, this petition is disposed of by providing that in case, the case of respondent No.8 for grant of permission/consent to establish and operate his Hot Mix Plant is pending consideration before the Board, the same shall be attended to and a decision taken thereon in accordance with law within a period of four weeks from the date a copy of this order is made available to the concerned authority. It is provided that till the requisite permission by the Board is granted in favour of respondent No.8 and he fulfills the other requirements of law for operating the Hot Mix Plant/Mini Stone Crusher, the Authorities, particularly the Board and respondent Nos. 4 and 5 would ensure that Hot Mix Plant/Mini Stone Crusher is not operated by respondent No.8.

Disposed of as above.